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DECISION No

DECISION No. 117/2004/QD-BKH OF FEBRUARY 16, 2004 AUTHORIZING THE MANAGEMENT BOARD OF CHU LAI OPEN ECONOMIC ZONE TO GRANT INVESTMENT PREFERENCE CERTIFICATES TO INVESTMENT PROJECTS IN CHU LAI OPEN ECONOMIC ZONE UNDER THE LAW ON DOMESTIC INVESTMENT PROMOTION

THE MINISTER OF PLANNING AND INVESTMENT

Pursuant to May 20, 1998 Law No. 03/1998/QH10 on Domestic Investment Promotion (amended);

Pursuant to the Government’s Decree No. 51/1999/ND-CP of July 8, 1999 detailing the implementation of the Law on Domestic Investment Promotion (amended);

Pursuant to the Government’s Decree No. 35/2002/ND-CP of March 29, 2002 amending and supplementing Lists A, B and C promulgated in the Appendix to Decree No. 51/1999/ND-CP;

Pursuant to the Government’s Decree No. 164/2003/ND-CP of December 22, 2003 detailing the implementation of the Law on Enterprise Income Tax;

Pursuant to the Government’s Decree No. 61/2003/ND-CP of June 6, 2003 defining the functions, tasks, powers and organizational structure of the Ministry of Planning and Investment;

Pursuant to the Prime Minister’s Decision No. 108/2003/QD-TTg of June 5, 2003 establishing Chu Lai Open Economic Zone and promulgating its Operation Regulation;

Pursuant to the Prime Minister’s Decision No. 184/2003/QD-TTg of September 8, 2003 setting up the Management Board of Chu Lai Open Economic Zone;

At the proposal of the People’s Committee of Quang Nam province in Report No. 2071/TTr-UB of November 18, 2003,

DECIDES:

Article 1.-

1. The Management Board of Chu Lai Open Economic Zone (hereinafter called the Management Board) shall be the major body which guides investors having investment projects in Chu Lai Open Economic Zone to register for enjoying the investment preferences.

2. To authorize the Management Board to receive and consider the dossiers of registration for the investment preferences; decide to grant, or refuse to grant, investment preference certificates, to domestic projects on investment in Chu Lai Open Economic Zone in the cases prescribed in Clause 1, Article 4 of this Decision.

The order and procedures for investment preference registration shall comply with the provisions of the Planning and Investment Ministry’s Circular No. 02/1999/TT-BKH of September 24, 1999.

Article 2.-

Domestic investment projects, which are authorized to the Management Board for consideration and granting of investment preference certificates thereto must fully meet the following conditions:

1. Being compatible with Chu Lai Open Economic Zone’s Planning, Charter and Operation Regulation, approved by competent authorities.

2. Meeting the investment preference conditions prescribed in the Government’s Decree No. 51/1999/ND-CP of July 8, 1999 which details the implementation of the Law on Domestic Investment Promotion (amended); and Decree No. 35/2002/ND-CP of March 29, 2002 amending and supplementing Lists A, B and C promulgated in the Appendix to the Government’s Decree No. 51/1999/ND-CP and Decree No. 164/2003/ND-CP detailing the implementation of the Law on Enterprise Income Tax.

Article 3.-

The consideration and granting of investment preference certificates shall be undertaken by the Management Board in close coordination with the provincial/municipal Planning and Investment Services and local functional agencies as provided for in Decree No. 51/1999/ND-CP of July 8, 1999 and the Planning and Investment Ministry’s Circular No. 02/1999/TT-BKH of September 24, 1999.

The Management Board shall have to elaborate the Regulation on working coordination with the local functional agencies, submit it to the People’s Committee of Quang Nam province for approval and then notify the Ministry of Planning and Investment thereof.

Article 4.-

1. The Management Board shall receive, consider and gather written opinions from relevant agencies, if necessary, in order to decide to grant, or refuse to grant, investment preference certificates, or adjust or supplement the granted ones to investment projects of the following enterprises:

- Enterprises set up under the Prime Minister’s decisions;

- Enterprises set up under decisions of ministers or heads of central competent agencies.

2. The granting of new certificates or supplemented certificates of investment preferences shall be effected within 20 working days as from the date the Management Board receives the complete and valid dossiers thereof. Valid dossiers mean those containing full valid elements prescribed in Section II of the Planning and Investment Ministry’s Circular No. 02/1999/TT-BKH of September 24, 1999. In case of refusal to grant investment preference certificates, the Management Board must notify in writing the investors of the reasons therefor.

In cases where the dossiers are invalid, within 3 working days after receiving the dossiers, the Management Board must notify such to the applying investors for supplementation and completion of their dossiers. The dossier reception date shall be the date the Management Board directly receives the dossiers or the date inscribed on the stamp of the receiving post-office in cases where the dossiers are sent by post.

Investment preferences shall be partially or wholly cancelled within 5 working days as from the date of reception of the investors’ notices on their failure to fully meet the conditions for enjoying such preferences.

Article 5.-

Investment preference certificates shall be compiled according to a form set by the Ministry of Planning and Investment.

Within 7 working days after granting new certificates or supplemented certificates of investment preferences, the Management Board must send the valid copies of investment preference certificates to the Ministry of Planning and Investment and the People’s Committee of Quang Nam province.

Article 6.- Every six months (before June 20 and December 20), the Management Board shall sum up the situation on granting of investment preferences in Chu Lai Open Economic Zone within its authorized scope, propose arising problems to be handled and send reports thereon to the Ministry of Planning and Investment.

Article 7.- The Ministry of Planning and Invest-ment shall create all favorable conditions, examine the performance of the authorized task by the Management Board strictly according to regulations, and bear responsibility before law and the Govern-ment for the authorization mentioned in this Decision.

Article 8.- This Decision takes effect 15 days after its publication in the Official Gazette.

Minister of Planning and Investment

VO HONG PHUC